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B-274328 1 (1996-11-20)

handle is hein.gao/gaocrptaeln0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: C.R. Hipp Construction Co., Inc. File: B-274328 Date: November 20, 1996 Al Hitchcock for the protester. Peter M. Kushner, Esq., Diane D. Hayden, Esq., and George N. Brezna, Esq., Department of the Navy, for the agency. Andrew T. Pogany, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where the bid opening officer receives a mailed bid from the agency mail clerk while he was walking en route from the building's foyer (where he declared that no more hand-carried bids would be accepted) to the bid opening room, bid was properly considered as timely received by the agency where solicitation did not designate particular office for receipt of bids and bid was received in the mailroom prior to the declared bid opening time. DECISION C.R. Hipp Construction Co., Inc. protests the award of a contract to Ely Energy, Inc. under invitation for bids (IFB) No. N62467-95-B-0784, issued by the Department of the Navy, Southern Division, Naval Facilities Engineering Command, Charleston, South Carolina, to provide and install a propane/air system, including propane storage tanks, at a military facility. Hipp contends that Ely's bid should have been rejected as late. We deny the protest. Bid opening was scheduled for 2:30 p.m. on June 13, 1996. At approximately 2:15 p.m., the bid opening official arrived in the main foyer of the agency's building to meet any bidders, accept hand-carried bids, and keep the bidders in the foyer until bid opening time. The facility is a secured access building and the main foyer entrance is the only point of building entry for bidders. At 2:30 p.m., the bid opening official announced in the foyer that it is now 2:30 and no more hand carried bids will be accepted. He then began to escort bidders to the bid opening room where the bid box is kept. En route to the bid opening room, approximately 1 minute after he had announced that no more hand-carried bids would be accepted, he encountered a Southern Division mailroom clerk who handed him a 2021120

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